ML20211C567

Informs That Proprietary Versions of NAC-UMS Upper & Lower Impact Limiter Assemblies Drawings 790-506 & 790-507 Be Withheld from Public Diclosure Per 10CFR2.790(a)(4) Based on Listed Reasons

ML20211C567
Person / Time
Site:	07109270
Issue date:	09/15/1997
From:	Haughney C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Thompson T NAC INTERNATIONAL INC. (FORMERLY NUCLEAR ASSURANCE
References
TAC-L22452, NUDOCS 9709260243
Download: ML20211C567 (2)

Text

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' 1 p UNITED STATES y } NUCLEAR REGULATORY COMMISSION

, 'o & WASHINGTON, D.C. 30806 0001

% September 15, 1997 Mr. Thomas'C. Thompson NAC International. Inc.

655 Engir.eering Drive Norcross. GA- 30092

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NO. L22452)

Dear Mr. Thompson:

In your letter dated April 30, 1997, with an affidavit executed by Willington J. Lee dated April 30. 1997. it was requested that the proprietary versions of the NAC-VMS upper and lower impact limiter assemblies drawings

-(Nos. 790 506 and 790 507). he withheld from public disclosure pursuant to 10

'CFR 2.790(a)(4). Your April 30, 1997, application included non-proprietary versions of the NAC-VMS upper and lower impact limiter assemblies drawings (Nos. 790 209 and 790-210) for placement in the public docur nt room (PDR).

In the affidavit it states that the submitted information should be withheld from public disclosure for several reasons, which are summarized as follows:

1. The information classified as proprietary has been held in confidence by NAC International. Inc. (NAC), in that its development involved significant comercial expenditures and is customarily held in such confidence.

2. The information classified as proprietary is not available in public sources, and NAC is transmitting it to the Nuclear Regulatory Commission in confidence.

3. The public disclosure of the information classified as proprietary would cause substantial harm to NAC's cospetitive position. Competitors e,eeking to design similar transport cask design com)onents would have to invest similar comercial expenditures to develop tie information.

On the basis of your ubmittal, our review of the above listed documents, and in light of the requirements of 10 CFR 2.790, we have determined that the above. listed documents designated as containing 3roprietary material should be withheld from public disclosure pursuant to 10 C:R 2.790. It is the policy of the Commission to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised as to the basis for and effects of licensing and rulemaking actions.

Withholding from public inspection shall not affect the right if any of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working dn this area. We will, of course, ensure that the consultants have signed the ,

appropriate agreements for handling proprietary information.

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T. C. Inompson _2

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If tthe basis for withholding this information from 'public disclosure should change in the future such that the information could then be made available for public inspection.. you should promptly notify the NRC. Please be advised that-the NRC may have cause to review this determination in the future, for ,

exam)le, if the scope of- a Freedom of Information Act recuest includes your .

withleid information. -In all review situations, if the hRC makes a

= determination-adverse to the above, you will be notified in advance ~of any public disclosure.-

Sincerely.

ORIGINAL SIGNED BY SUSAN F. SHANKMAN FOR /s/-

Charles J. Haughney. Acting Director ,

Spent Fuel Project Office  :

Office of Nuclear Material Safety 7 and Safeguards Docket No. 71-9270 1

. Distribution:.

Docket 71-9270 NRC' File Center 'PUBLIC? NMSS r/f SFP0 r/f FSturz WReamer, OGC' SShankman MWaters VLTharpe(2)

MBailey-0FC SFP0 Nb C SFP0 / OGC _ C sFP D O. j ME TH6b%9/ ~ EJLeeds- MPSiemten Y 8 CJH 09/J /97- 09//D97 DATE 09/h/97 09//~h97

-C - COVER E = COVER o ENGLO5URE 4 = NO COPY

-0FFICIAL RECORD COPY l ._ 9/15/97 :dd G:\NAC\UMs\TRANPROP.LTR l-

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